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US lets Venezuela pay Maduro’s lawyer in drug-trafficking case

Maduro is captured by US forces in Caracas raid in January

The charges against him and his spouse include narcoterrorism conspiracies

Defense attorneys call restrictions on payment unconstitutional

By Luc Cohen

A court filing on Friday showed that the United States has agreed to change its sanctions against Venezuela so that the South American nation's government can pay Nicolas Maduro’s defense lawyer. This is a reversal of a restriction which had 'threatened' to derail the drug-trafficking case brought against the former Venezuelan President.

Maduro and Cilia Flores were arrested by U.S. Special Forces on 3 January from their Caracas home and brought to New York, where they will face criminal charges, including narcoterrorism conspiracies. The two have pleaded innocent and are being held in Brooklyn jail pending trial.

Barry Pollack, Maduro’s lawyer, asked Manhattan’s U.S. district judge Alvin Hellerstein in February to dismiss the case because U.S. sanctions prevented the Venezuelan Government from paying his legal costs.

Pollack stated that the prohibition amounted a violation of Maduro’s rights under U.S. Constitution, to choose the counsel he wants.

Their lawyers said that neither Maduro nor Flores could afford to hire lawyers on their own and the Venezuelan government was willing to pay for their legal fees.

All criminal defendants in America have constitutional rights, regardless of their citizenship.

Hellerstein stated in a court hearing on March 26, that he had no intention of dismissing the case but appeared sceptical that the government's decision to block the payments was justified.

Kyle Wirshba, the prosecutor, said that the U.S. sanction blocking the payments was based on legitimate foreign policy and national security interests. Wirshba said Hellerstein couldn't order the Treasury Department to modify sanctions, because it is the executive branch that has the responsibility for foreign policy, and not the judiciary.

Hellerstein pointed out that since Maduro was ousted, the U.S. has relaxed its sanctions against Venezuela. Since Maduro’s former Vice President Delcy Rodrguez took over Venezuela as interim leader, the relations between Caracas, Venezuela and Washington have improved.

"The defendant is present, Flores' is also present. Hellerstein, an appointee by Democratic President Bill Clinton to the judiciary, said that they do not pose a threat to national security. "The right at stake, and paramount to other rights, is that of constitutional counsel."

Donald Trump, during his first term as president of the United States, increased sanctions against Venezuela because he believed that Maduro was corrupt and undermining democratic institutions. Washington called Maduro’s 2018'reelection fraudulent.

Maduro dismissed these accusations as well as allegations of 'his involvement in drug trafficking', which he said were pretextual justifications of what he described as a U.S. wish to seize the vast oil reserves of South American OPEC country. (Reporting from Luc Cohen in New York, with additional reporting by Rhea Rosa Abraham in Bengaluru. Editing by Nia William)

(source: Reuters)